Sampaguita Pictures vs Jalwindor Manufacturers

Facts:
Sampaguita is the owner of Sampaguita Pictures Building. The
roof deck and all existing improvements were leased to Capitol 300.
It was agreed that:
Said premises shal be used by said club for social
purposes.
All imoprovements made by lessee shall belong to lessor
without any reimbursement
Improvements shall be considered part of the monthly
rental fee
Capitol purchased on credit from Jalwindor glass and wooden
jalousies.
The parties submitted to the trial court a Compromise Agreement
wherein Capitol acknowledged its indebtedness to Jalwindor in the
amount of P9,531.09, payable in monthly installments of at least
P300.00 a month.
Capitol was not able to pay rentals to Sampaguita. Capitol was
ejected from the building. Capitol failed to comply with the terms of
the compromise agreement. Sheriff made levy on the glass and
wooden jalousies. Sampaguita filed a third party claim alleging that
its the owner of said materials and not capitol.
On the other hand, Capitol likewise failed to comply with the terms
of the Compromise Agreement, and on July 31, 1965, the Sheriff of
Quezon City made levy on the glass and wooden jalousies in
question. Sampaguita filed a third party claim alleging that it is the
owner of said materials and not Capitol, Jalwindor however, filed an
indemnity bond in favor of the Sheriff and the items were sold
public auction on August 30, 1965 with Jalwindor as the highest
bidder for P6,000.00.
Issue: Who owns the glass and wooden jalousie windows?
Samapaguita.
When the glass and wooden jalousies in question were delivered
and installed in the leased premises, Capitol became the owner
thereof. Ownership is not transferred by perfection of the contract
but by delivery, either actual or constructive. This is true even if the
purchase has been made on credit, as in the case at bar. Payment of
the purchase price is not essential to the transfer of ownership as
long as the property sold has been delivered. Ownership is acquired
from the moment the thing sold was delivered to vendee, as when it
is placed in his control and possession. The fact that Capitol failed to

pay Jalwindor the purchase price of the items levied upon did not
prevent the transfer of ownership to Capitol and, later, to
Sampaguita by virtue of the agreement in their lease contract.
Therefore, the complaint of Sampaguita to nullify the Sheriff's sale is
well founded, and should prosper.